Mbaki v Chedu & Another (Civil Suit E544 of 2020) [2023] KEMC 154 (KLR) (7 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 154
- Citation
- [2023] KEMC 154 (KLR)
- Decided
- 7 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendants defended the suit, and the Plainti called a witness.CoramADUKE JEAL PRAXADES ATIENO, Senior Resident Magistrate
Holding
The court finds that the defendants are liable for the accident and awards general damages of KES 350,000/- and special damages of KES 10,825/-.
Facts
The plaintiff, Mercy Waruino Mbaki, sustained injuries in a road traffic accident on 02nd Sept 2019. The defendants, Said Chedu and another, were the registered owners of the motor vehicle involved.
Issues
- Liability
- Quantum
Reasoning
The court determined liability based on the police records and Motor Vehicle Search Records, and awarded damages based on the plaintiff's injuries and the prevailing cost of living.
Outcome
The court entered judgment in favor of the plaintiff.
Orders
- General damages of KES 350,000/-
- Special damages of KES 10,825/-
- Costs of the suit
- Interest on general and special damages at court rates
Remedies
- The plaintiff shall have costs in this suit and interests as outlined above from the date of this judgement until payment in full.
Authorities cited
Cases cited (2)
- Civil Appeal Number 126 of 2018 Benuel Bosire v Lydia Kemunto Mokora[2019]eKLR
- Patrisiah Adhiammbo Omolo vs Emily Mandala[2020] EKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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